arbitralna rola

  • Rola Trybunału Konstytucyjnego w funkcjonowaniu polskiego reżimu politycznego w świetle Konstytucji z 1997 r.

    Author: Michał Banaś
    Institution: Uniwersytet Wrocławski
    Year of publication: 2015
    Source: Show
    Pages: 27-48
    DOI Address:
    PDF: ppk/23/ppk2302.pdf

    The aim of the author of this article is to analyse the role played by the Constitutional Tribunal in the functioning of Polish political regime in the light of the provisions of the Constitution of 1997. Following hypothesis was verified: on the basis of the provisions of the Constitution, Constitutional Tribunal responds to conflicts arising from the dualistic structure of the executive and thus plays an arbitrary role in the functioning of Polish political regime. The article consists of four parts. The first defines the concept of the political regime and characterizes Polish system of government, with particular emphasis on its distinguishing feature – dualistic structure of executive. The second part was devoted to the description of arbitrary function of the Constitutional Tribunal in the Polish political regime. The third one describes ruling of the Tribunal that defines the central constitutional authority of the State that is entitled to represent the Polish Republic in the meetings of the European Council, as an example of the implementation of the aforementioned arbitrary role of Constitutional Tribunal. Findings and conclusions are presented in the end.

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